UAE Property: ‘I am concerned about recovering deposit from landlord after lease expires’

A rental property should always be handed back to the landlord in the same condition it was given to the tenant at the start of the agreement. Satish Kumar / The National

Question: My tenancy contract is due to expire at the end of March and I have notified the landlord of my intention to move out at that time.

My concern is whether I will recover my security deposit and, further, what my legal liabilities could be to the landlord. I have been told these are capped at the deposit amount but this doesn’t seem correct to me.

Our landlord has been unpleasant from the first day of our two-year tenancy. He was supposed to paint, deep clean and fumigate the property before we moved in. However, the fumigation was done a day before we were set to move in and we had to spend a night in a hotel at our own cost because of that. The property had not been cleaned. The agent organised some cleaners the morning we moved in, so the place wasn’t particularly clean.

Then, we noticed the landlord had changed all the appliances to smaller, cheaper versions. This was after telling us he would leave all the appliances in the property, and we sold ours. We had to buy new appliances.

He refused to reimburse us for repairs carried out at our expense, agreeing only to pay for jobs done by his company under his instructions. They have done poor work.

I’m tempted to walk out and not paint or clean the apartment and I’m prepared to lose my deposit. My concern is he could seek more money from us, to fix all the faults the property has developed due to his neglect. CD, Dubai

Answer: The subject of returning the rental deposit is an emotive one and often leads to disputes. When dealing with a rental property, it should always be handed back to the landlord at the end of the tenancy in the same condition as it was given to the tenant at the start of the agreement.

You give a very clear picture of what happened when you moved in but, unless you have concrete evidence of the same, it can be difficult to prove that it wasn’t given to you in the condition expected. Therefore, you will risk losing your deposit if you don’t hand it back painted and cleaned.

In terms of the landlord seeking further compensation above and beyond the value of the deposit held is not very likely in my opinion, mainly due to the cost of filing a case at the civil courts. Having said this, never say never, but at any point, the landlord would need to have a strong case against you, which, presumably you can counterclaim with your photographic evidence.

I suggest you use the remaining months left to try to meet the owner to have a frank conversation and iron out all issues in the past.

Q: I was staying in a tower in Dubai’s Barsha Heights for a year starting September 2022 under an attested tenancy contract.

In August 2023, I wanted to renew my contract but the real estate agency managing the building disappeared. In September 2023, my contract expired, and I continued to live in the apartment with no new contract until February 2024.

I decided to vacate the apartment in February 2024 as there were rumours that everyone in the building was being evicted due to a change in management, and I didn’t want to stay there anymore.

Now, after several months, the real estate agency has sent me a legal notice that I am residing in the building and have to pay the outstanding amount.

Can you please advise on what I must do? Can they ask me to pay if there was no new contract? No ejari was issued after September 2023.

I believe once the contract has expired, I am not bound to pay a single penny after making multiple efforts to reach the agency to try to renew that contract. TB, Dubai

A: A rental contract automatically renews under the same terms and conditions as before, unless otherwise agreed. So, even though you tried to contact the managing agents without success, your contract was in place and, therefore, so is your debt.

I suggest you settle the amount owed, otherwise you could be facing a larger fine on top of what you already owe.

The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to [e-mail]